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Harold Koh Identifies a Big Difference Between the Bush and Obama Administrations
From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and... -
China Says the Earth is Flat; And Huawei Says it's Square
Yesterday, I noted the DoD report which, for the first time, reflected a determination by the US government that a number of cyber intrusions were "attributable directly to the Chinese government and mil... -
Look Who Has Discovered Inherent Presidential Powers
Hmmmm. From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi... -
Bradley & Goldsmith Supplement for Foreign Relations Law
Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L... -
A Quick Guide to the Lawfare Debate Over a New AUMF
As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (... -
Harold Koh's Speech at the Oxford Union
Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows: Thank you, Mr. President and Members... -
Questions Someone Should Ask DOD About Its Report on Chinese Cyber-Operations
As Paul noted, a new Pentagon Report to Congress states: In 2012, numerous computer systems around the world, including those owned by the U.S. government, continued to be targeted for intrusions, some o... -
Chief Judge Lamberth, Counsel Access, and the Guantánamo Mail
We've written a fair amount already about Chief Judge Lamberth's September 2012 decision regarding the Guantánamo detainees' continuing right of access to counsel (not to mention his March 2013 decision ... -
Memo to the Slate Political Gabfest: What Cleared for Transfer Does---and Does Not---Mean
I have been fretting for the last few weeks about the amount of misinformation that has been floating around the press coverage---and particularly the commentary---of the Guantanamo hunger strikes. But I... -
Military Jurisdiction Over Civilians: Why the Supreme Court Should Grant Cert. in <em>Ali</em>
Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali--the case in which the highest court in the military justice system, the Court of Appeals for the A... -
The D.C. Circuit "Clarifies" Scope of <em>Bahlul</em> En Banc Rehearing
As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul--the military commission case in which the D.C. -
Mali, the Way of the Knife, and Working "By, With, and Through" Others
While we are on the subject of Mark Mazzetti’s The Way of the Knife, and for that matter while we are speaking of Mali, check out this Washington Post report on U.S.
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